Your 4th question is supposed to be the first question.
The MB act is applicable to all establishments employing 10 or more employees.
You claim that your Company's man power is 8 only. Please clarify whether you total manpower exceeded 10 in the past and now shrinked to 8.
If the total manpower is 8 from beginning then you will not come under the purview of MB Act.
As per the Act 182 paid leave to be given to the employee.
15th July 2019 From India, Madras
We started the company in the year 2015 with 5 employees and in the same financial year the employees reached to 15 and now they were 8 employees at present.
So please let me know whether we come under MB act.
15th July 2019 From India, Hyderabad
The Act is applicable if in last 12 months, the total number of employees strength exceed 10 employees.
The Act is applicable to Factories and Shops & Establishments.
If, the employee is covered under ESIC, then Maternity Benefit Act is not applicable and she need to avail the benefit under ESI scheme.
On the above basis if the Act is applicable then 26 weeks paid leave need to be given to the employee.
Adv. Manish Gadre
17th July 2019 From India, Mumbai